UNHCR has guidance which can assist the Irish authorities in the introduction of a statelessness determination procedure. Part two of UNHCR’s Statelessness Handbook covers the modalities of establishing such a procedure to enable states to recognize and grant protection status to stateless persons, including questions of evidence that arise in the context of such procedures. UNHCR’s good practice paper for Action 6 complements the Handbook by presenting a brief overview of key elements of such procedures as illustrated by good practices in selected countries.57 It is therefore a helpful resource to assist Ireland in meeting its obligation to create a statelessness determination procedure. While solutions to the problem of statelessness must be tailored to suit the particular circumstances prevalent in a country, the examples and guidance on important factors such as the institutional location of a statelessness determination procedure and efficient referral mechanisms is beneficial. In addition, UNHCR Ireland with EMN Ireland jointly hosted a seminar on statelessness determination procedures in 2016 which included presentations from the UK Home Office and the French Office for the Protection of Refugees and Stateless Persons, OFPRA, on their experiences introducing statelessness determination procedures.58 Such information exchanges and dialogues on policy and practice are vital in assisting states establishing statelessness determination procedures. 3.2.2 The International Protection Procedure The core provisions of the 1951 Refugee Convention are implemented into national law by virtue of the International Protection Act 2015.59 Thus, under Irish law, a stateless person must demonstrate a well-founded fear of persecution in order to qualify for refugee status.60 The High Court has noted that statelessness in itself is not sufficient to qualify for refugee status and such individuals must still meet the definition of a refugee.61 3.2.2.1 Identifying the country of habitual residence for stateless persons – the legal framework In asylum cases, the International Protection Office (IPO) is responsible for the assessment and determination of nationality or country of habitual residence at first instance, and the International Protection Appeals Tribunal (IPAT) is similarly responsible upon appeal. Such an assessment is necessary in order to determine the reference country with respect to the examination of protection needs. This is acknowledged in the International Protection Act 2015 whereby ‘country of origin’ means ‘the country or countries of nationality or, for stateless persons, of former habitual residence.’62 There is also an obligation on IPO decision makers and IPAT Tribunal members to consider an applicant’s nationality or lack thereof pursuant to section 28 of the Act for the purposes of the asylum procedure.63 When determining the country of habitual residence for stateless persons, it is important to note that the preliminary determination of the country/countries by reference to which the examination of an application takes place is a question of law and fact to be determined by the national authorities. The drafters of the 1951 Convention defined a refugee’s ‘country of former habitual residence’ as ‘the country in which he had resided and where he had 57 UNHCR, Good Practices Paper – Action 6: Establishing Statelessness Determination Procedures to Protect Stateless Persons, July 2020, available at: https://www.refworld.org/docid/5f203d0e4.html 58 UNHCR, Seminar on Statelessness Determination Procedures, May 2016, available at: https://bit.ly/3UPNcvq 59 Ireland: International Protection Act 2015 [Ireland], N. 66, 30 December 2015, available at: https://www.refworld.org/docid/56ded0f24.html 60 Section 2 International Protection Act 2015 “refugee” means a person, other than a person to whom section 10 applies, who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside his or her country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it.” 61 BDR v Refugee Appeals Tribunal [2016] IEHC 274, available at: https://bit.ly/3FJmvEm 62 Section 2 International Protection Act 2015. 63 Section 28 International Protection Act 2015, Assessment of Facts and Circumstance ‘elements referred to [] consist of the applicant’s statements and all the documents submitted by him or her regarding his or her- c) identity; d) nationality or nationalities; e) country or countries, and place or places, of previous residence...” UNHCR 19